Dolores Delarosa v. Officer Jorge Cerda

Publication: Cook County Jury Verdict Reporter Published: 11/18/2011

(DDD 5/1) CIVIL RIGHTS--FAMILY SCUFFLE WITH COPS CAUSED SENIOR'S HEART ATTACK/STROKE (14)

Dolores Delarosa v Officer Jorge Cerda , City of Chicago 07L-3198 Tried Oct. 3-14, 2011

Verdict: $1,375,000 v both defts ($1,000,000 past and future medical expenses; $175,000 pain & suffering;
$200,000 loss of normal life; $0 disfigurement; $0 emotional distress). Special Interrogatories: With regard to Count I, the battery claim, was the conduct of Officer Jorge Cerda willful and wanton? "No." With regard to Count III, the malicious prosecution claim, did Officer Jorge Cerda purposefully instigate the filing of the criminal complaint against the plaintiff for some reason other than to bring the plaintiff to justice? "Yes." With regard to Count IV, the intentional infliction of emotional distress claim, was Officer Jorge Cerda's conduct beyond all possible bounds of decency and intolerable in the civilized community? "No." With regard to Count II, the false arrest claim, was the conduct of Officer Jorge Cerda willful and wanton? "Yes."

Judge: Susan Ruscitti Grussel (IL Cook-Law)

Pltf Atty(s): Michael D. Robbins of Michael D. Robbins & Associates and Jeffrey J. Neslund of Jeffrey J. Neslund
DEMAND: $6,000,000 ASKED: $7,000,000 - $9,000,000

Deft Atty(s): Bonnie F. Bagdon and Vickie Argueta of Chicago Corporation Counsel for both defts (SELF-INSURED)
OFFER: none

Pltf Medl: Dr. Walter Wojcik (Neurologist), Dr. Edward Michals (Radiologist) and Dr. Laura Pedelty (Neurologist)

Pltf Expert(s): Dr. Dan J. Fintel (Cardiologist), Dr. Cathy Helgason (Neurologist) and Henry Brennan, Jr.
(Life Care Planner)

Sept. 19, 2006, deft Chicago police officer and another officer responded to a request for assistance from an Animal Control officer who had gone to pltf's residence regarding a complaint of two dogs running loose without licenses and was confronted by two uncooperative teenagers (pltf's grandchildren). Officer Cerda was talking to the teens in Spanish on the landing to their apartment when their mother Guadalupe Salgado (pltf's daughter) approached walking up the steps from the sidewalk to the porch landing. Cerda explained to Salgado the officers were there to issue a citation and asked her for identification. Salgado allegedly did not produce identification and a scuffle broke out between the officers and the three family members, during which pltf F-67 came out of the apartment and was pushed to the ground by Officer Cerda. Pltf fell backwards and hit her head on the floor in the doorway, causing a small subdural hematoma. More police officers arrived at the scene, Salgado was arrested and taken to the 25th district station, and the family gave up the two dogs to Animal Control. When pltf and her family went to the station a half-hour later to file a complaint against the officers, Cerda arrested pltf for assault and allegedly threatened to deport her. Family members testified that Cerda threatened at the scene to call Immigration on pltf if she filed a complaint, and further that he stated at the station pltf was arrested because she came to the station to complain about him. Pltf began having chest pains while in custody and was taken to the emergency room at West Suburban Hospital. She suffered either a mild heart attack or Tako-tsubo syndrome (a/k/a stress cardiomyopathy, involving inefficient blood pumping from ballooning left ventricle which resolves without notable heart muscle damage) from the release of enzymes during the emotional stress she experienced because of the incident. She was discharged the next day, only to be readmitted one hour later after suffering an ischemic stroke.
The heart attack had resulted in blood pooling and clot formation which led to the massive stroke, requiring a hemi-craniotomy at University of Illinois Hospital. Pltf is now partially paralyzed on the left side and suffers from memory loss, incontinence, and depression ($523,000 past medl., $1,500,000-$2,000,000 future care). Pltf was later found not guilty of misdemeanor attempted assault in a bench trial. The defense asserted Salgado initiated the skirmish by pushing Cerda (M-37) twice in the chest and trying to flee to her apartment, Officer Surma fell down the stairs with Salgado on top of him, Cerda attempted to help Surma detain Salgado and fend off the teens who were trying to free their mother, Cerda saw the pltf run at him on his right side as if to push him down the stairs or go for his gun, he turned and pushed her once in self-defense with both hands on his expandable baton, and pltf's age and risk factors made her susceptible to having a heart attack and stroke. Defense post-trial motions are pending.